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Derek Kirton
Of Counsel
Dubai +971 4 247 2108 dkirton@cov.com Download V-card

As vice chair of the firm’s PPP Procurement and Advisory group, Derek Kirton's practice focuses on transactions under PPP and project finance frameworks in the infrastructure, power and water, renewables, oil and gas, and petrochemicals sectors in the Middle East, Turkey, and Africa. Many of the projects on which he has advised are pathfinder transactions and have been awarded deal of the year by various industry publications. Mr. Kirton is recognized individually for his recent transactional work in the area of Energy and Infrastructure, United Arab Emirates by The Legal 500 2016 publication.

  • Advised the Kuwait Authority for Partnership Projects and the State of Kuwait in connection with the Az-Zour North Phase II and the Al-Khairan Phase I independent power and water projects in Kuwait.
  • Advised the sponsors, Kharafi National and Alfanar in connection with their bid for the Umm Al Hayman wastewater treatment project in Kuwait.
  • Advised a consortium consisting of Suez Environment and Itochu Corporation, on the development and financing of the US$300 million Barka IWP in the Sultanate of Oman. The 62 MIGD project was implemented on a build-own-operate basis under the terms of a water purchase agreement with the Oman Power and Water Procurement company.
  • Advised a developer consortium on its bid to develop and finance an 800 MW solar power project in the Emirate of Dubai, United Arab Emirates.
  • Advised Adenium Energy Capital in connection with a 67 MW AC solar PV IPP at Benban as part of round 1 of Egypt’s FiT programme.
  • Advised a sponsor consortium on its bid for the Al Abdaliyah ISCC in Kuwait. This project has a concentrated solar power component.
  • Advised a diverse lender group of Japanese, Saudi, and European banks supporting ACWA Holdings and Air Products in connection with the development financing of an air separation facility that will be dedicated to the Jazan Refinery Complex in the Kingdom of Saudi Arabia and includes the supply of high and low pressure oxygen and nitrogen to Saudi Aramco under a nitrogen and oxygen supply agreement. This project financing amounts to approximately US$1.7 billion and is 100% Sharia compliant. The project received many industry accolades including “Global Finance Deal of the Year: Projects 2016” by The American Lawyer and “MENA Petrochemicals Deal of the Year” at the IJ Global 2015 Middle East Awards.
  • Advised a Spanish solar developer on the development of a 50 MW solar PV facility in Djibouti.
  • Advised the lenders to the project company (owned by ACWA Power and Vale) on the financing of the Moatize independent power and coal project developed in Mozambique to supply electricity to the Moatize mine and to Electricidade de Moçambique, E.P.
  • Advised a Spanish/Korean consortium in connection with their bid for the Ras Laffan City Independent Water Desalination Facility in Qatar.
  • Advised a regional developer on its bid to develop and finance a 100 MW solar power project in the Emirate of Dubai, United Arab Emirates.
  • Advised the Partnerships Technical Bureau and the State of Kuwait on the competitive procurement of the first IWPP in Kuwait, Az-Zour North Phase I, which includes the development of a power and seawater desalination plant with a capacity of approximately 1,500 MW and 100 MIGD. This transaction was Kuwait’s first PPP project and was awarded “Middle East & Africa Power Deal of the Year” by Project Finance International and “Middle Eastern PPP Deal of the Year 2013” by Project Finance Magazine.
  • Advised a bidding consortium in connection with its bid for the Qurayyat independent water project in the Sultanate of Oman.
  • Advised Sumitomo Corporation in relation to its bid to develop the 2,400 MW and 130 MIGD Facility D independent water and power producer project in Qatar.
  • Advised a bidding consortium in connection with its bid for the Olkaria VI geothermal independent power project in Kenya.
  • Advised the lenders to a bidding consortium in connection with its bid for the Dairut IPP project in Egypt.
  • Advised International Finance Corporation (IFC), European Investment Bank (EIB) and Eksport Kredit Fonden (EKF) in connection with the development and financing of the 117 MW Tafila wind farm in Jordan. This transaction was awarded “Middle Eastern Renewables Deal of the Year 2013” by Project Finance Magazine.
  • Advised HSBC Bank Middle East Limited, as pathfinder bank, in connection with the review of a DBO Contract based on the FIDIC Gold Book for a 150 MBOPD early production facility for Jurassic production in Kuwait.
  • Advised a sponsor consortium on its bid for the Salalah 2 independent power project in the Sultanate of Oman.
  • Advised Sumitomo Corporation in connection with the 1,600 MW capacity power plant and 52.5 MIGD reverse-osmosis Mirfa independent water and power producer project in the Emirate of Abu Dhabi, United Arab Emirates.
  • Advised IP – GDF Suez on its bid for the Saudi Aramco Third Party Cogeneration Projects at Abqaiq, Hawiyah, and Ras Tanura in the Kingdom of Saudi Arabia.
  • Advised the sponsors in connection with a construction contract for the development of the Seymenoba Cogeneration Power and Steam Plant in Turkey.
  • Advised the lenders to the TAQA/QEWC consortium on its bid for the 1,700 MW heavy fuel oil-fired Rabigh II independent power project in the Kingdom of Saudi Arabia.
  • Advised the Samsung Engineering, Acciona Agua, SOGEX Oman consortium in connection with their bid for the Al Ghubrah 42 MIGD independent water project in the Sultanate of Oman.
  • Advised a consortium of ACWA Power International, Samsung C&T Corporation and MENA Infrastructure Fund on the development and financing of the Qurayyah independent power project in the Kingdom of Saudi Arabia with a total capacity of 3,927 MW. This is the largest independent power generation project in the world. This project was awarded 2011 “Middle East Power Deal of the Year” by Project Finance Magazine and “Best Project Finance Deal of the Year”, at the Euromoney Islamic Finance Awards 2012.
  • Advised ACWA Power in its due diligence in connection with the acquisition of an interest in CEGCO. CEGCO is the largest power generation company in Jordan, with seven power generation complexes nationwide totaling circa 1,700 MW of installed power capacity from a mixed portfolio of technology and fuel types meeting around 54.9% of the country’s current installed capacity.
  • Advised AES Corporation on its bid for the 1,500 MW IPP project at Sur in the Sultanate of Oman.
  • Advised ACWA Power International on its divestment of a stake in the Barka Power and Desalination project (Phase 1) in the Sultanate of Oman to the Bunyah GCC Infrastructure Fund.
  • Advised the ACWA Power International on the acquisition of a controlling interest in the Barka Power and Desalination project (Phase 1) in the Sultanate of Oman.
  • Advised Emirates Aluminium in connection with the development of an aluminum smelter in Taweelah, Abu Dhabi, United Arab Emirates.
  • Advised the sponsors in connection with the development of a hydrogen power plant with CO2 capture in the Emirate of Abu Dhabi, United Arab Emirates.
  • Advised the lender in respect of its due diligence report in connection with the financing of a residual fuel power project in Pakistan.
  • Advised a Middle East investor in respect of its due diligence report in connection with its equity investment in a residual fuel power project in Pakistan.
  • Advised the developer of one of the largest gas fields in India on a variety of matters including gas sales, gas transportation, and related agreements.
  • Advised the lender on its loan facilities to an Indian group for the purchase of offshore construction equipment.
  • Advised the UK Government’s Cabinet Office in the development of the procurement documentation and contract documents for the complete Refurbishment Scheme of a complex of prestigious, Grade 1 listed buildings in Central London. The scheme includes refurbished and new build elements. Key issues were high levels of security, multiple internal, and external stakeholders and heritage.
  • Advised the Mid Essex Hospital Services NHS Trust in connection with the Broomfield Hospital PFI Project in the United Kingdom.
  • Advised the Barking, Havering, and Redbridge University Hospitals NHS Trust in connection with the Havering Hospital PFI scheme in the United Kingdom.

Previous Experience

  • International Partner in the Project Finance Practice Group at a US headquartered international law firm.
  • Mr. Kirton was seconded to a power and related water developer where he worked on cross border acquisitions of power generation assets and a number of IWPP projects (2009-2010).